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All Journal JURNAL MAHKAMAH Al Kindi Jurnal Pendidikan Islam Multidisipliner
M. Aunul Hakim
Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia
Religion Education Law, Crime, Criminology & Criminal Justice

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Telaah Pemikiran Fazlur Rahman tentang Epistemologi Hermeneutik dalam Pembaruan Hukum Keluarga Islam Mohammad Arjati Firmansyah; Abdullah; M. Aunul Hakim
Al-Kindi Vol. 2 No. 1 (2026): Februari
Publisher : Al-Kindi

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Abstract

This article examines hermeneutic epistemology in the reform of Islamic family law through an examination of Fazlur Rahman's thoughts. This study is motivated by the need for a methodological approach capable of bridging the tension between the normative text of the Qur'an and contemporary social dynamics in Islamic family law. This study aims to analyze the epistemological foundation of Fazlur Rahman's hermeneutics, explain the construction of the double movement method, and examine its implications for the reform of Islamic family law. This study uses a qualitative method based on literature studies with a philosophical-hermeneutic approach. Data were obtained from Fazlur Rahman's main works as primary sources and relevant scientific literature as secondary sources, which were analyzed using descriptive-conceptual, hermeneutic-philosophical, and critical-reflective techniques. The results show that Fazlur Rahman's hermeneutic epistemology positions the Qur'an as a source of universal moral values ​​that must be understood through the historical context of revelation and reactualized in a modern social context. The double movement method allows for a more substantive, contextual, and justice-oriented reconstruction of Islamic family law, particularly in issues of gender relations, marriage, and the protection of family rights. These findings confirm that Fazlur Rahman's thinking has made a significant contribution to the development of a methodology for reforming Islamic family law that is responsive to changing times without abandoning its normative foundation.
Maqāṣid al-Usrah's Ambivalence in the Judge's Consideration of the Refusal of Polygamy License Muhammad Ali Al Awshat; Umi Sumbullah; M. Aunul Hakim
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7842

Abstract

This study analyzes the Decision of the Lubuk Pakam Religious Court No. 0007/Pdt.G/2019/PA. LPKs who refuse applications for polygamy licenses even though the cumulative conditions have been met, use the lens of Maqāṣid al-Usrah Jamāl al-Dīn 'Aṭiyyah. The evaluation was focused on  the judge's ratio decidendi to the achievement of the seven dimensions of family goals. The normative juridical research method is applied implementively through the legal syllogism method and doctrinal analysis, where the judge's legal considerations are directly confronted with the seven pillars of the sharia family. The novelty of this research lies in a holistic critique of the formalistic tendency of judges to ignore post-verdict sociological excesses. The author argumentatively asserts the existence of acute ambivalence in the verdict: on the one hand the judge succeeded in protecting the dimension  of taḥqīq al-sakīnah wa al-mawaddah wa al-raḥmah of the first harmonious family, but on the other hand was passive in the threat  of the collapse of the dimension of tanẓīm al-'alāqah bayn al-jinsayn, ḥifẓ al-nasl wa al-nasab, and Tanẓīm al-jānib al-mu'assasī wa al-mālī li al-usrah. The socio-legal implications of this ruling suggest that mere administrative restrictions without comprehensive mitigation actually trigger the migration of perpetrators to serial polygamous practices that strip them of legal protection and civil rights of the second wife and children who are born.
Co-Authors Abdullah Mohammad Arjati Firmansyah Muhammad Ali Al Awshat Umi Sumbullah